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(영문) 인천지방법원 2016.09.09 2015가합58095

건물명도

Text

1. The Defendants shall deliver to the Plaintiff the pertinent real estate listed in the separate sheet No. 2.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. The Plaintiff asserted the cause of the Plaintiff’s claim that: (a) concluded a real estate security trust agreement with Defendant New Franchise Co., Ltd. on each of the instant real estate listed in the separate sheet owned by Defendant New Franchise (hereinafter “Defendant New Franchise”); and (b) completed the registration of ownership transfer; (c) the Defendant arbitrarily leased part of the instant real estate to the other Defendants in violation of the said real estate security trust agreement; and (d) the loan obligations against the priority beneficiaries of the instant real estate have occurred due to the occurrence of the cause of realization and settlement, such as the nonperformance of the obligation to transfer each of the instant real estate possessed by the Defendants to the Plaintiff for that purpose.

2. Comprehensively taking into account the overall purport of each statement and pleading of evidence Nos. 1, 2, and 4 through 7 (including virtual numbers), the Plaintiff entered into a trust agreement with Defendant New Port on June 4, 2012, with the trustee and debtor for the purpose of preserving, realizing, and settling the value of each of the instant real estate owned by Defendant New Port as to each of the instant real estate as to the instant real estate by Defendant New Port, as well as the debtor for the purpose of preserving, realizing, and settling the value of collateral. From June 4, 2012 to June 4, 2012, the first beneficiary, Hyundai 2 Savings Bank (Amounted to KRW 11,180,000,000), Hyundai 3 Savings Bank Certificates (Amounted to KRW 7,800,000,000), Hyundai Switzerland Savings Bank Certificates (Amounted to KRW 9,750,000,000) and then received the registration of ownership transfer from each of the instant real estate beneficiaries.